Kenyan case law

Serah Chele Boit (suing as the administrator and legal representative of the estate of the late Samuel Kiplel Boit v Miriam Cherop Chumo & 2 others [2016] KEELC 562 (KLR)

✦ The Application is allowed in terms of prayer numbers 5, 6 and 9.

Shelmith Wacuka Ndumu (Suing as the Legal Representative of Mwaura Mbira v Wanjira Mwaura & 10 others [2016] KEELC 336 (KLR)

✦ Proceedings are stayed pending the revocation of the plaintiff's grant of letters of administration.

Siani Ltd & 2 others v Ghalib Alwiy & 2 others [2016] KEELC 1150 (KLR)

✦ The court held that 'Talking Trees' is not situated on Lamu/Block IV/113 and that the 1st Defendant did not enter into a written agreement to sell the restaurant to Marie Paule Pelle.

Shem Okembia v Abdalla Apondi Abdalla & 3 others [2016] KEELC 161 (KLR)

✦ The suit is dismissed with costs to the 2nd to 4th Defendants.

Sheila Mwendwa Kaminchia v Thomas Kiminta Prinsloo & another [2016] KEELC 1221 (KLR)

✦ The Plaintiff has not established a prima facie case of private nuisance, and the Application is dismissed with costs to the Defendants

Simion Kiptoo & 2 others (all suing as members of Kaptebee Ndalat Extention Scheme for and on behalf of 11 others) v Austin Murgor & 3 others [2016] KEELC 559 (KLR)

✦ The court found the defendants in contempt of court and ordered them to be committed to civil jail for a period not exceeding 2 years or fined accordingly.

Salim Nzagu Bakari & another v Shukran Limited [2016] KEELC 294 (KLR)

✦ The court found in favor of the plaintiffs, declaring them the owners of the land and ordering the Chief Land Registrar to issue a Certificate of Title in their names.

Sharif Mohamed A. Omar & another v Bontempi Luigi [2016] KEELC 569 (KLR)

✦ The Defendant should be restrained from selling the suit properties to enable the court determine with finality whether indeed the Defendant is holding the same on behalf of the 2nd Plaintiff.

Samson Ochuonyo Oneya v Mudhune Obote [2016] KEELC 957 (KLR)

✦ The court finds in favor of Oneya, declaring his adverse possession and declaring Mudhune Obote's title extinguished.

Ruita Kabutu v Anna Wambui Eliza [2016] KEELC 184 (KLR)

✦ The plaintiff is declared to have become entitled by way of adverse possession of over 12 years to all that parcel measuring 5.8 acres comprised in the title No. KABARE/NYANGATI/826.

Saumu Salim Mwabuso & 2 others v Iddi Mohammed Mwatandara [2016] KEELC 589 (KLR)

✦ The court finds no merit in the plaintiffs' application and dismisses it, each party to bear their respective costs.

Samuel Kipngeno Koech v Agnes Wambui Gitonga [2016] KEELC 635 (KLR)

✦ The court dismissed the plaintiff's application to reinstate the suit as he failed to annex a certified extract of the title to the land as required by the Civil Procedure Rules.

Garissa Mattresses Ltd v Margaret Walegwa Wamwandu & 6 others [2016] KEELC 690 (KLR)

✦ The court consolidated the two applications and set aside the judgement.

Filipo Fedrini v Ibrahim Mohamed Omar [2016] KEELC 572 (KLR)

✦ The Application is dismissed with costs.

Hotel Horizon Limited v Moi Teaching and Referral Hospital Staff Pension Scheme [2016] KEELC 868 (KLR)

✦ The court orders the parties to amend their pleadings and declines to grant security for any decree, freezing of bank accounts, or warrants of arrest. The court also orders that no further sale of the property be made until the suit is heard and determined.

Felister Chitsaka Mwabaya v Habib Abu Mohamed & another [2016] KEELC 1082 (KLR)

✦ The Plaintiff's husband did not have the legal right to sell the land, and the agreement of sale is therefore invalid.

Evans Nakhabala Wekesa v Kenya African National Union [2016] KEELC 1052 (KLR)

✦ The court finds the plaintiff the registered proprietor of the plot and grants a permanent injunction against KANU. KANU's counterclaim is dismissed.

Eunice Lugatsiba Ambutsi v Nicholas Kibowen Kigen & 2 others [2016] KEELC 493 (KLR)

✦ The applicant’s application lacks merit and is hereby dismissed with costs to the second respondent. Injunctive orders which had been given are hereby discharged.

Richard Kipkorir Korgoren v Jiangxi Zhongnmoi Eng Construction (K) Ltd [2016] eKLR

Sanuel Kiprop v Obadiah Kipleting Kogei & others [2016] KEELC 63 (KLR)

✦ The application for injunction is dismissed with costs.

Fredrick Makokha v Peter Sifuna Wasina & 2 others [2016] KEELC 1079 (KLR)

✦ A stay of execution of the decree is granted pending the hearing of the appeal.

William Oraro Ogany v Leonard Obungo Ayieko [2016] KEELC 110 (KLR)

✦ The Defendant's application is allowed, and the ex parte judgment is set aside.

John Ouma Olonde v Benard Ogeta & 3 others [2016] KEELC 134 (KLR)

✦ The notice of motion has merit and is allowed. The District Land Registrar and Surveyor Karachuonyo will visit the land parcel to determine and confirm its ground boundaries in relation to all the neighbouring parcels.

Francis Murigu Murage & another v China Road and Bridge Corporation Ltd [2016] KEELC 1194 (KLR)

✦ The applicants are free to file any claim, but the limitation period may be contested

Fabia Campanella & another v Rocchi Pampeo & 3 others [2016] KEELC 549 (KLR)

✦ The Court finds that the Applicants have established adverse possession of the land and allows the Originating Summons as prayed.